Justin Dates, a Senior Associate with Maser Consulting, represents Bayside Construction. He said the Bayside Project is in the final steps of a conditional site plan approval, “and the one remaining item that we have on that is to create a Business Corridor Overlay [BCO] Zone for a commercial lot that is up along the Route 9W frontage of the [Bayside] project.” He said his firm has designed a two-story, 12,600 sq/ft commercial building for the 2.41 acre site that also has associated parking and access to Route 9W. Dates requested that the Town Board create and approve this overlay zone for this parcel.

Supervisor Al Lanzetta pointed out that Maser has done all that the town has asked of them, according to the town’s lawyer, Gerard Comatos, of Van DeWater and Van DeWater.

“I might say too that they did all of their escrow and paid the town $40,000 in escrow fees for sewer, recreation fees and they got the map signed by the Chairman of the Planning Board and filed it in the County Clerk’s office in Kingston,” he said. “Everything is on track for them to get the overlay zone and the Town Board would have to approve it, according to our code.”

Lanzetta signed a referral to send the proposed project and its environmental assessment form to the Ulster County Planning Board for their review.

Councilman Scott Corcoran asked Dates if owner Asher Sussman is actually going to build the commercial building or is he seeking to receive the [BCO] approval in order to sell the property. Dates said the owner intends to construct the building but acknowledged the for sale sign at the property, saying Sussman, “is keeping his options open.”

Corcoran asked what happens if the property gets sold and the new owner wants to build something different from the approved plans. Lanzetta said any new owner would have to apply and go through the entire site plan process before the Planning Board, however, if a new owner were to build exactly what was approved, they may not have to get their own approval.

The board set a public hearing that will introduce the law to establish the BCO zone and on Maser’s proposal for 7 p.m. on September 28. The hearing will be held remotely, information on how to attend will be posted on the website townofmarlboroughny.com.